MUNI CD-DATA CENTER REFERENDUM

Illinois General Assembly - Full Text of HB5755

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5755

Introduced 5/5/2026, by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-13-30 new

Amends the Illinois Municipal Code. Provides that, before a
municipality grants an application for siting approval of a data center
the corporate authorities of a municipality in which the facility will be
located or the zoning board of appeals for the municipality shall hold at
least one public hearing. Provides that notice of a public hearing shall be
published in a newspaper of general circulation. Provides that the siting
of a data center shall be subject to back-door referendum. Provides that a
back-door referendum shall be held within 60 days after the municipality
publishes notice of the application for sitting approval of the data
center, a petition is filed with the municipal clerk and signed by the
necessary number of electors, asking that the application for siting
approval of the data center be submitted to referendum. Sets forth the
requirements of notice. Provides that the municipal clerk must certify the
question for submission at a regularly scheduled election held in
accordance with general election law. Sets forth the requirements of a
back-door referendum. Defines "data center" and "application for siting
approval of a data center".
LRB104 21525 TRT 36884 b

A BILL FOR

HB5755
LRB104 21525 TRT 36884 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Municipal Code is amended by
5
adding Section 11-13-30 as follows:

6

(65 ILCS 5/11-13-30 new)
7

Sec. 11-13-30.
Data center zoning.
8

(a) As used in this Section:
9

"Application for siting approval of a data center" means
10
an application for a municipality to approve the siting of a
11
data center, to issue a special use permit for a data center,
12
or to modify a previously granted local siting approval or
13
special use permit for a data center.
14

"Data center" means:

15

(1) any qualifying Illinois data center as defined in
16

Section 605-1025 of the Department of Commerce and
17

Economic Opportunity Law of the Civil Administrative Code
18

of Illinois; or
19

(2) any facility with a combined connected load that
20

is greater than or equal to 5 megawatts and that is used:
21

(A) to provide digital data storage, management,
22

and processing; and
23

(B) to house computer and network systems,

HB5755
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LRB104 21525 TRT 36884 b
1

including associated components, such as servers,
2

network equipment and appliances, telecommunications,
3

and data storage systems; systems for monitoring and
4

managing infrastructure performance; Internet-related
5

equipment and services; data communications
6

connections; environmental controls; fire protection
7

systems; and security systems and services.
8

(b) Before a municipality may grant an application for
9
siting approval of a data center, the corporate authorities of
10
the municipality in which the facility will be located or the
11
zoning board of appeals for the municipality shall hold at
12
least one public hearing concerning the application.
13

(c) The public hearing shall be conducted in accordance
14
with the Open Meetings Act within 60 days after the
15
municipality receives the application for siting approval of
16
the data center. The corporate authorities of the municipality
17
shall allow interested parties an opportunity to present
18
evidence and to cross-examine witnesses at the hearing, but
19
the municipality may impose reasonable restrictions on the
20
public hearing, including reasonable time limitations on the
21
presentation of evidence and the cross-examination of
22
witnesses. The municipality shall also allow public comment at
23
the public hearing in accordance with the Open Meetings Act.
24
Notice of the hearing shall be published in a newspaper of
25
general circulation in the municipality.
26

(d) The siting of a data center by a municipality is

HB5755
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LRB104 21525 TRT 36884 b
1
subject to back-door referendum approval. If a municipality
2
receives an application for siting approval of a data center,
3
the corporate authorities of the municipality in which the
4
facility will be located shall publish the notice of the
5
application and the notice of the back-door referendum within
6
a newspaper of general circulation and on the municipality's
7
website if the municipality maintains a website.
8

(1) The notice shall include all of the following
9

information:
10

(A) The notice shall include the specific number
11

of electors required to sign a petition requesting
12

that the application for siting approval of the data
13

center be submitted for referendum approval. For
14

purposes of this paragraph, the necessary number of
15

petition signatures must be a number that is equal to
16

15% of the total votes cast in the municipality in the
17

most recent general election.
18

(B) The notice shall specify the time by which the
19

petition must be filed.
20

(C) The notice shall include the date of the next
21

regularly scheduled election at which the referendum
22

may be held.
23

(2) If a petition is filed with the municipal clerk
24

and signed by the necessary number of electors, within 60
25

days after the municipality publishes the notice of the
26

application for siting approval of a data center, asking

HB5755
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LRB104 21525 TRT 36884 b
1

that the application for siting approval of the data
2

center be submitted to referendum, the municipal clerk
3

shall certify the question for submission at a regularly
4

scheduled election held in accordance with general
5

election law.
6

(3) The referendum language shall contain a suitable
7

description of the application for siting approval of the
8

data center, including parameters, size, location, and
9

scale of the data center.
10

The election authority of the municipality must submit
11

the question in substantially the following form:

12

Shall (owner of proposed) be authorized to place a
13

data center at (location) for (purpose)?
14

The election authority must record the votes as "Yes"
15

or "No".

16

(4) If a majority of the electors voting on the
17

application for siting approval of the data center vote in
18

favor of locating the proposed data center within the
19

municipality, the municipality may approve the application
20

after the results of the election are certified by the
21

proper election authority. If the majority of the electors
22

voting on the application for siting approval of the data
23

center vote against locating the data center within the
24

municipality, then the municipality shall not approve the
25

application. If no petition is filed with the municipal
26

clerk within 60 days after publication or posting of the

HB5755
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LRB104 21525 TRT 36884 b
1

notice of application, the municipality may thereafter
2

approve or deny the application for sitting approval of
3

the data center.

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